0001|       HOUSE LABOR AND HUMAN RESOURCES COMMITTEE SUBSTITUTE FOR
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0002|                         HOUSE BILLS 487 & 695
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0003|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|                                   
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0005|     
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0006|     
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0007|                                   
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0008|     
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0009|                                   
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0010|     
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0011|                                AN ACT
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0012|     RELATING TO LABOR LAW; AMENDING SECTION 50-4-22 NMSA 1978
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0013|     (BEING LAWS 1955, CHAPTER 200, SECTION 3, AS AMENDED) TO SET
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0014|     THE STATE MINIMUM WAGE AT A LEVEL PROPORTIONAL TO THE CURRENT
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0015|     FEDERAL MINIMUM WAGE.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  Section 50-4-22 NMSA 1978 (being Laws 1955,
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0019|     Chapter 200, Section 3, as amended) is amended to read:
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0020|          "50-4-22.  MINIMUM WAGES.--
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0021|               A.  Every employer, except as provided in Section
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0022|     50-4-21 NMSA 1978, shall pay [the minimum wage rate of $4.25 an
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0023|     hour, excepting that an employer furnishing food, utilities,
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0024|     supplies or housing to an employee who is engaged in
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0025|     agriculture may deduct the reasonable value of such furnished
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0001|     items from any wages due to the employee] an employee a wage at
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0002|     the same rate as the current federal minimum wage.
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0003|               B.  All employees covered by Subsection A of this
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0004|     section who customarily and regularly receive more than thirty
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0005|     dollars ($30.00) a month in tips shall be paid [a minimum
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0006|     hourly wage of two dollars twelve and one-half cents ($2.125)]
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0007|     fifty percent of the current federal minimum wage.  The
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0008|     employer may consider tips as part of wages, but [such a wage]
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0009|     the tip credit [shall not exceed fifty percent of the minimum
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0010|     wage] combined with the employer's cash wage shall equal the
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0011|     current federal minimum wage.  All tips received by such
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0012|     employees shall be retained by the employee, except that
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0013|     nothing [herein] in this section shall prohibit the pooling of
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0014|     tips among employees.    
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0015|               C.  No employee covered by the provisions of
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0016|     Subsection A of this section shall be required to work more
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0017|     than forty hours in any week of seven days, unless he is paid
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0018|     one and one-half times his regular hourly rate of pay for all
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0019|     hours worked in excess of forty hours.
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0020|               D.  No municipality, including any home rule charter
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0021|     municipality, shall enact an ordinance that authorizes a higher
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0022|     minimum wage than that provided for in Subsection A of this
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0023|     section."
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0024|                              
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